+ ` + I. lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3868 OF 2025 gr Between : Ganesh Patra, S/o. Tukuna Patra, aged about 21 years, R/o. Main Road, Pottangi Village and Block, Koraput District, Odisha State. Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent E= petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.3 on bail pending disposal of Crime No.128/2024 of salur Rural P.S., now Parvathipuram Manyam District. The petition coming On for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO N NO: RIMINAL Between : Ganesh Patra, AND The State Of Andhra Pradesh counsel for the petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/COmPIainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A3, seeking bail, in crime No.128/2024 of Salur Rural, Parvathipuram Manyam District. 2. A case has been registered against the Petitioner and Others for the offence punishable u/sec.20(b)(ii)(C) I/w 8(c) of NDPS Act. 3. Heard leamed counsel for the Petitioner and the leamed Assistant public prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, iS that, On 24.9.2024 at about 8.30 am, on receipt of credible information, regarding illegal possession and `_ + I + 2 transportation of ganja,The s.I of police, along wI'th staff and medl'ators rushed to NH-26 road, outskI'rtS Of JeegI'ram vI'llage of salur Mandal and conducted veh,'cle checkI'ng. They observed two persons comI'ng from p.Konavalasa to salur sI|de by motorcycle with bags. on seeing poll-ce, they stopped the motorcycle and tried to ran away. Then po]jce apprehended one person while the other escaped. on enquiry, he disclosed his I'dentI'ty particulars as that of Al and pollce found 25 kgs of ganja l'n his possession. police arrested Al and remanded hI'm to judI-Cl'al custody. He confessed the I'nVOIVement of A3 in the commlssion of the offence During the course of jnvestjgatI'On, poll'ce arrested the petI'tI|Oner on 07.3.2025. 5. Heard. perusedtherecord. 6. Learned AssI'Stant Public prosecutor subml'ts that major part of the investlgatl'on is completed except flljng of charge sheet for want of RFSL report and prays to dl-smI|SS the petjtI'On. 7. Learned counsel for the petltl'Oner submits that a crl-me came to be registered on 24.9.2024 and basing on the confession statement of co- accused, thI-S Pe{I'tiOner was arrested on o7.3.2025 and sl'nce then he has been in judI|CI|al custody and the same Assistant public prosecutor, was not disputed by the learned 8. After careful observat,Ion of the material on record and submjssions made on behalf of both sides, l't shows that the pet,-tioner was arrested and remanded to judI'C,'al custody on o7.3.2025| EvI'dently no contraband has been seized from the possession of the petitI-Oner. Since the accused has 5ZS5_ 3 been in remand from o7.3.2025, this Court found that most Of the invest'lgation perta-lning to the role played by the petitioner in the commission of the offence would be completed. lt is submitted that the petitioner has permanent abode and there is no poss'lbility of h'ls fleeing away from justice and most of the witnesses are offlc-lal witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. when ascertained, learned Ass'lstant Public prosecutor submitted that no antecedent reported against the pet'ltioner. consider-Ing the entire material On record, this Court is inclined tO grant ba" to the petitioner with some conditions. 9. ln the result, the Criminal Pet'ltion iS allowed With the following cond'ltions'. (i) The petitioner/A3 herein Shall be released On his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with one surety for a like sum to the sat'lsfaction of the learned I Additional Distr-lot Judge-Gum-Special Judge for trial of offences under NDPS Act, Vizianagaram', (ii) on release, the pet'ltioner shall appear before the station House Officer COnCerned Once 'ln a fOrtn'lght between 10.00 a.m. and 12.00 noon, for a Per-lOd Of three (03) months. (iii) the petit-loner shall not tamper with the ev®ldence and hamper the investigation and shall cooperate for investigation. SD/-B.PRAsAD SECTION FoL --- /ITRUE COPY// RAG GISTRAR OFFICER To, 1. The Special Judge for Trial of Cases under NDPS Act-Gum-I AddI. District Judge, Vizianagaram. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Salur Rural P.S., now Parvathipuram Manyam District 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy KJ E= I HIGH COURT TMR,J DATE D : 1 7/04/2025 BAIL ORDER CRLP.No.3868 of 2025 ALLOWED